Linde Gas Equipment, Inc., which does business as Praxair Distribution, Inc., provides butane gas to other businesses, including marijuana processors like the plaintiff in this case, Mountain Hi, LLC. But the complaint alleges that butane gas provided to customers in Washington after August 31, 2018 may have contained impermissibly high amounts of benzene, so that products processed with this gas have ended up tainted by the benzene and unfit for consumption.
The class for this action is all cannabis businesses operating in Washington that at any time since August 31, 2018 received benzene-tainted butane gas from Linde or Praxair and, after using the gas in the processing of cannabis, had products that contained benzene at greater than two parts per million.
The complaint says, “Benzene is a starting chemical that is used in the supply, distribution, and manufacture of [Praxair’s] butane gas.” It also calls it “a known carcinogen that has recently appeared in recalls of aerosols nationwide and discovered in numerous cannabis products in Washington.”
The complaint alleges that Praxair sold instrument-grade butane to Mountain Hi, and that, “[u]pon information and belief,” Praxair sold it to other companies and businesses in the state. The complaint details Praxair’s sale of tanks of butane to Mountain Hi between June 30 and September 1, 2021. Mountain Hi then used the butane as a solvent to process cannabis products which are then sold to customers for recreational use.
Washington regulations require that companies like Mountain Hi test samples of their products before they are sold to customers. Cannabis samples must contain less than 2 ppm of benzene. Mountain Hi submitted products processed with the Praxair butane to a certified cannabis analytics lab called Confidence Analytics.
“Beginning on September 1, 2021,” the complaint alleges, “Confidence Analytics testing revealed the existence of higher than acceptable concentrations of the hazardous chemical benzene in the cannabis products.” Confidence found benzene was present at a concentration of 4.7 ppm.
Mountain Hi decided to confirm these test results with another company, Testing Technologies, and sent over a sample of a different cannabis product. The testing showed a concentration of 3.1 ppm of benzene. In all, Mountain Hi sent nineteen samples to Testing Technologies, and all showed concentrations over the legal limit of 2 ppm of benzene.
Then Mountain Hi had Confidence test its butane. Confidence found the butane contained 130 ppm benzene. The complaint alleges that this concentration “greatly exceeded the acceptable concentration [for] instrument-grade butane gas.” The complaint alleges that this applied to the butane gas delivered to it by Praxair between August 11 and September 1.
The complaint alleges that Praxair only cleaned its gas tanks once a quarter, and that its failure to clean them more often was part of the cause of “the excessive accumulation of benzene in [Praxair’s] butane gas[.]”
Because of the excessive levels of benzene, the complaint alleges, Mountain Hi has had to contact its producers and offer refunds and other considerations.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Praxair Levels of Benzene in Butane Washington Complaint
October 11, 2022
Linde Gas Equipment, Inc., which does business as Praxair Distribution, Inc., provides butane gas to other businesses, including marijuana processors like the plaintiff in this case, Mountain Hi, LLC. But the complaint alleges that butane gas provided to customers in Washington after August 31, 2018 may have contained impermissibly high amounts of benzene, so that products processed with this gas have ended up tainted by the benzene and unfit for consumption.
Note that the complaint is not attached because the file exceeds the size for this site.
Praxair Levels of Benzene in Butane Washington ComplaintCase Event History
Praxair Levels of Benzene in Butane Washington Complaint
October 11, 2022
Linde Gas Equipment, Inc., which does business as Praxair Distribution, Inc., provides butane gas to other businesses, including marijuana processors like the plaintiff in this case, Mountain Hi, LLC. But the complaint alleges that butane gas provided to customers in Washington after August 31, 2018 may have contained impermissibly high amounts of benzene, so that products processed with this gas have ended up tainted by the benzene and unfit for consumption.
Note that the complaint is not attached because the file exceeds the size for this site.
Praxair Levels of Benzene in Butane Washington Complaint